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Summary judgment
Overview Summary judgment is a pretrial proceedings where the moving party is asking the court to rule in its favor as a matter of law. Summary judgment is proper if “When applying this standard, court must view the evidence and draw reasonable inferences therefrom in the light most favorable to the nonmoving party.”Davidson v. America Online, Inc., 337 F.3d 1179, 1182 (10th Cir. 2003) (citation omitted). A fact is material only if it is relevant to a claim or defense and its existence might affect the suit's outcome.T.W. Elec. Serv., Inc. v. Pacific Elec. Contractors Assoc., 809 F.2d 626, 630 (9th Cir. 1987). A genuine issue of material fact exists only if "a fair-minded jury could return a verdict for the party on the evidence presented."Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). A court may not, on a motion for summary judgment, evaluate the credibility of the evidence submitted by the parties.See Leslie v. Grupo ICA, 198 F.2d 1152, 1157-59 (9th Cir. 1999). Moving party's burden The moving party bears the burden of demonstrating the absence of a genuine issue of material fact for trial.See Anderson, 477 U.S. at 256. "The burden on the moving party may be discharged by 'showing' — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party's case."Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986); see Musick v. Burke, 913 F.2d 1390, 1394 (9th Cir. 1990). To demonstrate that the non-moving party lacks sufficient evidence to entitle it to judgment, the moving party must affirmatively show the absence of such evidence in the record, either by deposition testimony, the inadequacy of documentary evidence or by any other form of admissible evidence.See Celotex, 477 U.S. at 322. The moving party has no burden to negate or disprove matters on which the opponent will have the burden of proof at trial.See id. at 325. Thus, “summary judgment for a defendant is appropriate when the plaintiff ‘fails to make a showing sufficient to establish the existence of an element essential to his case, and on which he will bear the burden of proof at trial.’”Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 805-06 (1999) (citing Celotex, 477 U.S. at 322). Non-moving party's burden Once a motion for summary judgment is properly made and supported, the non-moving party has the burden of showing that a genuine dispute exists.See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986). The nonmoving party must identify specific facts, drawn from materials on file, that demonstrate that there is a dispute as to material facts on the elements that the moving party has contested.See Fed. R. Civ. P. 56©. The non-moving party's allegation that factual disputes exist will not automatically defeat an otherwise properly supported motion for summary judgment.See Fed. R. Civ. P. 56(e) (non-moving party "may not rest upon the mere allegations or denials of the adverse party's pleadings, but . . . must set forth specific facts showing that there is a genuine issue for trial."). It must do more than make "conclusory allegations in an affidavit."Lujan v. National Wildlife Fed'n, 497 U.S. 871, 888 (1990). A material fact in dispute appears when its existence or non-existence could lead a jury to different outcomes.See Anderson, 477 U.S. at 248. A genuine issue exists when there is sufficient evidence on which a reasonable jury could return a verdict in favor of the non-moving party.See id. Mere speculation by the non-moving party "cannot create a genuine issue of material fact."Beale v. Hardy, 769 F.2d 213, 214 (4th Cir. 1985); see also Ash v. United Parcel Serv., Inc., 800 F.2d 409, 411-12 (4th Cir. 1986). In judging evidence at the summary judgment stage, courts must draw all reasonable inferences in favor of the party against whom summary judgment is sought.See Matsushita, 475 U.S. at 587; Chaffin v. United States, 176 F.3d 1208, 1213 (9th Cir. 1999). References See also * Motion for summary adjudication Category:Litigation